PC 78-106RE50LUTIC~: U4. PC 78-106
A RESQLUTIOt~ Of THE ANAHEIM CITY PLANNING COMMISSION
THAT PETIT~ON FOR VAP,IANCE N0, 3012 BE CRANTED
41HEREAS~ the Anahclm City Planning Commission did receive a verifled
Peti[lon for Variance from JEROME A. STEWART~ ET AL. 7150 Fenwlck Lane, Wes[minster,
Callforrtta 92683. a+ner~ and 5. E. ELLiS i3311 McKinley Circle, Westminster~
Californta 92633, (agent) of certain real property sttua[ed in the City of Fnahelm,
County of Orange. State of California descrTbed as:
That portion oF Lot 1 of Fracttonal Sectton S. Tamship 4 South~
Ranqe 9 West~ San Bernardino Nerldian, according to the Official
Pla[ of said land fiied i~ the Distrlet Land Office on March 23,
1815. described as follor~s: Beginning at the intersectton of che
Nartheriy line of saTd Lo[ 1 with the Northeasterly line of that
certain Final Order of Co~demnation, Superior Lourt Case No.
161264, a certifted copy of which Has recorded April 1~ i97o in
gook 9253, Page 726 of Offictal Records of Orange County,
California, said Northcasterly 11ne betng a non-tangent curve
concave SoutMvesterly having a radius of 1260.00 feet, a radial
line of said curve passing through saTd Tntersection bcars North
45° ~8' S1" East; thence Southeasterly along said Northeascerly
line and along the Northess[erly line of the land described in
dted to the City of Anaheim recorded Juiy 30. 1976 tn Book 11333,0
page 1411 of satd OfficTal Records. ihrough a central angle of 16
17' O1" an arc discance of 358.10 feet to the beginning of a
reverse curve through a cen[ral angle of 13g° 33' 24" an arc
distance of 60.89 feet to the beginnTn9 of a compound curve
concave Westerly having a radius of 3t6o.00 feet; thence
continuing along said boundary Hortheriy through a central angle
of 04 ° 02' 00" an arc dTstance of 222.45 feet to the Westerly line
of the Easicrly 20.00 feet of sald Lot 1; thence along said
aesterly line North O1° 25' S1" East 58.10 fect ta saTd Northerly
lirtE of L~t i; thence aiong said Nor[herfy i~ne SouYh 8y° 08' S5"
West 298.85 feet to the point of beqinntng.
wF1EREA5. the City Planning Canmisslon did hold a public hearing at the City
Hall Tn the City of Anahelm on May 22~ 1978, at 1:30 p,m.~ notice of satd publlc
hcaring havTng been duly givcn as required by law and in accordance Mtth the
provisions of the Anahetm Mun(cipal Code. Chapter 18.03. to hear and cansider
evidence for and against said proposed vartance and to inves[igate and make fTndings
and recortimendatdans In connection theresrith; and
MFiEREAS~ satd Commission, aftcr duc inspectTon, investigatlon and study made
by Itself and in its t+ehalf~ and aiiar due consideratton of all evidence and reports
offered at satd hearing~ does find and determ)ne the followTng facts:
1. Yhat the petltioner proposes waTvers nf the following to construct an
Industrlal buildl~g:
(a) SECTION 18.61.063.011 - Minlmum structural sctback.
eet seY ac requ re ;
5 to 50 fect proposedj
PC78-106
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(b) SECTION 18,61.063.011 ' Minlmum tandsca in adiacent to an arterial street.
10 eet setback requ red;
3 to 10 feet proposed)
2, That the above-mcntioned waivers are hereby granted on thc basis that
the petitioner demonstrated that a hardship exists due to the triangular shape of the
property which Is located between two arterTal highways and due to its narrow width
ZoningxiCode,to be utillzed forCStructural~setbacks onobothearterialrhlghways thereby
causing an undue hardship on development of the property by excessively decreasing
its developable sTze a~d causing over one-half of [he propcrty to remain as open
setback areas.
3, Thac tfiere are exceptional or extraordinary circumstances or conditions
appiTcablc to the property involved or to the intended use of the property that do
not apply generally [o the property or class of use in the same vicinity and zo~e.
4, Tha[ the requested variance is necessary for the preservation and
enjoyment of a substantlai property rlght possessed by other property ln the same
vicinity and zone. and dcnicd to thc property tn ques[ion.
5, That thc requested variante w111 not be materlally detrimental to the
public rrelfare or inJurious to the property or improvements in such vicinity and zone
t~ Hhich [he property is located.
6. That one person indicated their presence at sald pubiic hearing ln
opposition; and that one letter was receTved In oppositton to the subJect petition.
ENVIROt1MENTAL IMPACT FINDING: That the Anahelm City PlannTng GommissTon has
revle++ed the subject project to construct an Industrial building Nith waivers of
minimum structural setback and minimum landscaping adjacent to an arterlal street on
an irregularly-shaped parcel of tand consTsting of a9proximately t.l acres located
no~th of the intersectfon of Tustin Avenue and Jefferson Street, having approximate
frontages of 383 feet on the northeast side °f ~ove'thevNagative Declaration .°ranwthe
SFdc of Jafferson Street; and does he~eby app
requlrement [o prepare an environmcntal impact reoort on the basis tF~at there wau2C
be no sTgnificant indivldual or cumula[ive adverse environmental impacL due to the
approval of this Negative Declaratlon st~ce the Anaheim General Plan designates the
subJect property for general irriustrial tand uses ca+imensurate wlth the proposal;
that no sensittvic environmental lmpacts are involved in ehe proposal; that the
Inttlal Study submltted by the petitloner Indicates no significant tndivTdual or
cumulative adverse environmental Impacts; and that the Negative Declaration
substantiating the foregoing ftndings is on file In the City of Anahetm Plannin9
Department.
NOW~ THEREFORE, BE IT RESOLVED that the A~ahelm City Planning Commlssion
does hereby grant subject PetTttan for Vartance, upon the following conditlons which
are hereby found to be a necessary prerequlsTte to the proposed use of the subject
property in order to preserve the safety a~d general welfare of thc Citizens of the
City of Anaheim:
1. That street lighttng facTlitTes along Tustin Avenue and Jefferson
Street shall be Installcd prior to [he fTnal building and zoni~g inspecttons unless
otherwfse approved by the Director af Publlc Utilities~ and tn accordance with
-2- PC7$-106
standard specificatlons on file In the Office of the Director of Public Utilittes;
and/or that a bond, certificate of deposit, leLter of credit~ or cash, tn an amount
and form satisfactory to the City of Anaheim shall be posted wlth the City to
guarantee the Installation of the above-mentioned requirements.
2, That sidewalks shall be installed along Tustin Avenue and Jeffe~son
Street as required by the Ci[y Engineer and 1~ accorda~ce with standard plans and
specifications on file in the Office of the City Engineer.
3. Tha[ trash storage areas shall be provided in accordance with approved
plans on file with the Office of the Dtrector of Public Works.
4, That fire hydrants shall be installed and charged as requtred and
determined to be necessary by the Chief of the Fire Department prior to commencanent
of structural framtng.
5, That subject property shall be served by underground utilities.
6. That ~rainage of sub)ect property shall be disposed of in a manner
satisfactory to the City Engineer.
7, That the owner(s) of subject property shall pay appropria[e drainage
assessment fees to the City of Anaheim as determined by the City Engineer prior to
issuance of a building permit.
8, That subJect proper[y shall be developed substantialty in accordance
Nith plans and specifications on file with the Ctty of A~ahetm marked Exhibit Nos. i
and 2,
9, That this Vartance is granted subJect to the completion of
ReclassiflcatTon No. 61-62-69, norr pending.
10. That Condi[ion Nos. 1 and 9, above-menttoned, shall be complied with
prior to the commencement of the activity authorized under this resolutlon, or prior
to the time that the bullding permit is issued, or withln a perlod of one year from
daie hercof. whichcver occurs ftrst, or such furiher ttme as the Planning Commisston
may grant.
11. That Condltion Nos. 2, 3. 5. 6 and 8, above-mentioned~ shall be
complied with prlor to final building and zoning inspections.
BE IT FURTHER RESOLVED that the Anaheim Cicy Planning CommTsslon does hereby
find and determTne that adoption of this Resolution Is expressly predicated upon
applicant's compliance wlth each and alt of the condltions herelnabove sei forth.
Should any such condition, or any ~art thereof. be declared tnvalid or unenforceable
by thc final Judgment of any court of competent Jurisdiction. then this Resolution,
and any approvals herei~ contalned, shall be deemed null and void.
TNE FOREGOING RESOLUTION ls signed and approved by me this 22nd day of May,
1978.
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CHA RMAN~ ANAHEIM CITY PLANNING COMHISSION
ATTEST:
$~ R~E .~HEIM CITY P/~G COMMISSION
-3- PC78-106
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STATE OF CALIFORNIA )
COUNTY OF ORANSE ) ss.
CITY OF ANANEIM )
1, Edith L. Harris~ Secretary of the Anahelm City Planning Cortmission, do
hereby certify that the foregoing resolution was passed and adopted at a mceting of
the Anaheim City Planning CommTsslon held on May 22, 1976. at 1:30 p.m., by the
fotlowing vote of the members thereof:
AYES: COMMISSIONERS: DAVID. HERBST~ JOHNSON, KING. TOLAR
NOES: COMMtS510NERS: NONE
ABSENT: COMMISSIONERS: BARNES. LINN
IN WITNE55 WHEREOF, I have hereunto set my hand this 22nd day of May, tg78.
iJ~ ~ ~~~~
SECRETARY, ANAHEIH CITY PIANNING COMMISSION
-t~- PC78-1o6